§ 23-86-313 - Disclosure of information.
23-86-313. Disclosure of information.
(a) Disclosure of Information by Health Plan Issuers. In connection with the offering of any health insurance coverage to a small employer, a health insurance issuer:
(1) Shall make a reasonable disclosure to the employer as part of its solicitation and sales materials of the availability of information described in subsection (b) of this section; and
(2) Upon request of such a small employer, provide that information.
(b) Information Described. (1) In General. Subject to subdivision (b)(3) of this section, with respect to a health insurance issuer offering health insurance coverage to a small employer, information described in this section is information concerning:
(A) The provisions of the coverage concerning the issuer's right to change premium rates and the factors that may affect changes in premium rates;
(B) The provisions of the coverage relating to renewability of coverage;
(C) The provisions of the coverage relating to any preexisting condition exclusion; and
(D) The benefits and premiums available under all health insurance coverage for which the employer is qualified.
(2) Form of Information. Information under this section shall be provided to small employers in a manner determined by the Insurance Commissioner to be understandable by the average small employer, and shall be sufficient to reasonably inform small employers of their rights and obligations under the health insurance coverage.
(3) Exception. An issuer is not required under this section to disclose any information that is proprietary or trade secret information under applicable law.